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Can I apply for a Protection Order if I am under 17 years old?
If you are under 17 years old and have never been married, you are classed as a Child. A "Representative" must apply for a Protection Order on your behalf.
What is a "Representative"?
"Representative" means a guardian or other adult chosen by you to apply on your behalf. This could be a parent, caregiver, family member, your social worker, your counsel for child (a lawyer who the court has appointed to represent you in other court proceedings), a family friend, or your teacher or guidance counsellor. It should be someone who knows you and/or has a duty or commitment to help you.
How does one of these people become my Representative?
If you need a Protection order you can talk to them about applying for a Protection Order as your Representative. If they agree both of you should go to a lawyer or the family court and talk with them about your Representative making the application. It is best to go to a lawyer who is experienced in family law work.
Your Representative will need to apply to the court to be your Representative at the same time as he/she applies for the Protection Order for you. This is a separate form and your Representative will need to explain his/her relationship to you and why he/she is wanting to be your Representative. Although your Representative makes the applications you may want to make a written affidavit (your sworn story of what has happened) for filing at the court with your Representative's applications so the court knows what you think about things.
How will I pay for a lawyer?
If you cannot afford a lawyer your Representative will probably be able to get legal aid on your behalf. Your income and the value of what you own will be considered. You should talk to your lawyer about this. It is helpful for your Representative or lawyer to write a letter when they apply for legal aid, explaining that your Representative is making the application for you because of your age.
How long is someone my Representative?
In theory until you turn 17 (or marry before then), or they are released by the court.
What other responsibilities does my Representative have?
If you are a young person your Representative will probably be following your wishes. If you are a young child they may be responsible for agreeing or not agreeing to the Respondent seeing you, checking that the Protection Order isn't breached and telling the police if it is.
If I am a child can someone try to get a Protection Order for me without my agreement?
Yes if you are under 17 and have never been married someone can apply as your Representative to get a Protection Order for you. It is then up to the court to decide whether the order should be granted or not. The court can also appoint someone to be your Representative if they think that you need an order.
Can I apply for an Occupation Order, Tenancy Order, Ancillary Furniture Order or Furniture Order if I am under 17 and have never been married?
No and a Representative can't apply on your behalf. You can apply for these orders once you turn 17 (or marry before then).
Can I make an application for someone else?
You can make an application for another person if that person is;
- A Child - see above.
- Lacking Capacity - A person lacks capacity if they are unable to understand matters in respect to their personal care and welfare, or cannot communicate decisions in respect of their personal care and welfare. The Representative may be their appointed person under the Protection of Personal and Property Rights Act.
- Unable Physically - This is where a person may not be able to make the application in person. For example, if they are physically incapable, or if they fear someone would harm them if they make the application. The Court will decide whether to appoint the person applying as their Representative.
The person who a Representative makes the application for, is called the "Applicant".
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NehaYL |
Latest page update: made by NehaYL
, Jun 30 2009, 1:11 AM EDT
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